The business tort of wrongful interference with a contractual relationship is broken in the case of Briefing. com v. Jones court case. The particular issue in this case is in March of 2003 after Cynthia Dietzmann and Gregory Jones quit Briefing. com to start StreetAccount, LLC, was the information and data not returned by Cynthia Dietzmann used to form a competing business. The tort of appropriation was broken in the case of Briefing. com v. Jones court case.
The issue in this case is SteetAccount, LLC, using the data and information to create an economic competitive advantage on Briefing. com. The appropriation of trade secrets law was also broken in the case of Briefing. com v. Jones court case. The particular issue in this case is was the data and information not returned by Cynthia Dietzmann used to start a new competitive business in StreetAccount, LLC. A way to solve the issue of wrongful interference with a contractual relationship would be to determine if there was a contract among the Briefing. com employees that states if they are fired or quit from the company, those employees are to return and/or not to use any data or information they received to and use them at another business. A way to solve the tort of appropriation is to identify that the data and information taken was used at StreetAccount, LLC, was used in the benefit of the new company. A way to solve the appropriation of trade secrets law issue is to investigate that the data and information not returned by Cynthia Dietzmann, were revealed to employees at the StreetAccount, LLC.
The research defines proximate cause for filing a suit against StreetAccount, LLC, would be misuse of trade secrets because Gregory Jones was a member of its board of directors while working at Briefing. com for six years and Cynthia Dietzmann also worked for Briefing. com for 7 years and was a part of developing a list of contacts through which Briefing. com obtained market information to display online. 4. The law of trade secrets is the abuse of confidence or an impropriety in the means of obtained information. Trade secrets are to protect against breaches of duty care and the use of improper methods to obtain information.
An employee owes a duty of care to an employer while the worker is employed by that employer, even where the employment is at will and even though the worker has not signed an agreement not to use trade secrets acquired by the employee. An employee will be restrained from using the employer’s trade secrets learned during employment. One who knowingly and for his or her own interests helps employees to violate their trust to their employer with respect to trade secrets is also liable to the employer, and will be restrained from use of the confidential information.
From the plaintiff’s side of the argument Briefing. com believes that after the resignation of Gregory Jones and Cynthia Dietzmann from the company data and information regarding list of market contacts that Briefing. com used to obtain market information that could be displayed on its website and the trade secrets of the company were to be kept within ownership of Briefing. com only. Ms. Dietzmann after her resignation did not return all her data and information that she developed at Briefing. com and started a new competing business.
While starting the new business Briefing. com believes the information not returned by Ms. Dietzmann was used at their new business which would be misappropriation of trade secrets. From the defendant’s perspective they tried to move to dismiss Count V of the Second Amended Complaint (SAC) on the grounds that Wyoming law did not recognize a cause of action for the tort appropriation of trade secrets. Defendants requested that the issue be certified to the Wyoming Supreme Court for a determination as to whether such a cause of actions exists under Wyoming law.
Courtney from Study Moose
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